Astarte DAVIS-RICE, Petitioner-Appellant, v. Paul COPENHAVER, Warden, Respondent-Appellee, 402 F. App'x 202

MEMORANDUM Federal prisoner Astarte Davis-Rice appeals pro se from the district court’s judgment dismissing her 28 U.S.C. § 2241 ha-beas petition. We have jurisdiction under 28 U.S.C. § 2253, and we remand to the district court for reconsideration. Davis-Rice contends that the Bureau of Prisons failed to give her credit for time spent in custody prior to sentencing. The district court dismissed her petition as du-plicative of a previously filed action. In her petition, Davis-Rice conceded that she previously raised this claim.

However, the district court previously dismissed the claims as unexhausted, and Davis-Rice alleged in her petition that the claims are now exhausted. We remand to the district court for reconsideration because the order did not address Davis-Rice’s allegation that her previously dismissed claims are now exhausted. REMANDED. This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.